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Estudio Delion SRL

Intellectual Property - Corporate Law - Health Registrations

Estudio Delion SRL

Main Office
Los Mirtos 239
Lince

Lima 14
Peru

Phone+51 1 222 2795 or+51 1 441-1857
Fax +51 1 422 7364

Website www.estudiodelion.com.pe
E-mail  Contact Mrs. Virginia Delion

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Law Firm Overview

Estudio Delion is a full service Law Firm whose statement of practice are Intellectual Property such as: antipiracy, trademarks, patents, copyrights, artistic property, arbitration, enforcement, infringement, licensing, litigation, prosecution, protection designs and industrial designs, utility models, industrial property, international licensing, literary property, chemical intellectual property, mechanical intellectual property, merchandising, new media law, pharmaceutical intellectual property, electrical intellectual property, utility models, unfair competition; internet trademarks; International trade such as Andean Pact, antidumping and GATT; franchises and franchising; Agency and distributorship: distribution and distribution agreements; Antitrust and trade regulation: Antitrust, business combinations, competition, fair trade, merger review, trade practices, trade regulation and unfair trade; and Biotechnology namely: biochemical technology, biomedical technology, biotechnology licensing, genetics, immunology, protection of plant varieties.

Likewise, our company gives services for Health Registration for Food Products before the General Direction of Environmental Health DIGESA and also for Health Registrations for Pharmaceutical and Cosmetic Products before the General Direction of Medicines and Drugs-DIGEMID.

Year this Office was Established: 1984

Languages: English, Spanish, French.

Areas of Law


Additional Areas of Law: Corporate Law - Health Registrations; Utility Models; Industrial Design; Plants Varieties.


Areas of Law Description

Our services include:

Corporate Law.

Trademarks

- Availability search in Peru and abroad, including our legal evaluation report to determine if the mark is available for registration.
- Registration of Trademarks, including preparing, filing and prosecution.
- Renewal of Trademarks
- Claiming of foreign priority
- Trademark watching and monitoring.
- Infringement and Unfair Competition actions.
- Change of Name
- Change of Address
- Assignments
- Mergers
- Defenses
- Oppositions
- Licenses and other Contracts
- Nullity and Cancellation actions and other lawsuits related to these issues.
- Integral Consultancy

Patents

- Patent searches in Peru and abroad including our legal evaluation report related to the registrability.
- Registration of patent including preparing, filing and prosecution.
- Publication in the Official Gazette "El Peruano".
- Annuities.
- Claiming of foreign priority.
- Recordal of Assignment, License, Merger, Change of Name or Address.
- Reconsiderations.
- Oppositions
- Appeal and defense to an appeal filed by third parties.
- Nullities, cancellations and other related matters.
- Infringements and Unfair competition actions.
- Integral Consultancy.

Utility Models

- Utility Models searches by title or by owner including our legal evaluation. related to the registrability.
- Registration of utility models including preparing, filing and prosecution.
- Publication in the Official Gazette "El Peruano".
- Claiming of foreign priority.
- Recordal of Assignment, License, Merger, Change of Name or Address.
- Reconsiderations.
- Oppositions.
- Appeal and defense to appeals filed by third parts.
- Nullities, cancellations and other related matters.
- Infringements and Unfair competition actions.
- Integral Consultancy.

Plants Varieties

- Registration of a Plant variety including preparing, filing and prosecution.
- Assignment of a Plant Breeder's Right.
- License of a Plant Breeder's Right.
- Integral Consultancy.

Copyrights

- Copyright by registrant.
- Copyright search, by title.
- Registration of unpublished or published literary works.
- Registration of data base or data compiling.
- Registration of phonograms.
- Registration of computer software or programs.
- Registration of audiovisual works; or image in movement, not considered as works.
- Registration of catalogues, albums, collections or similar.
- Registration of photographies, slogans with or without music, games and didactic exercises.
- Registration of artistic interpretations.
- Registration of any other productions of human talent.
- Integral Consultancy.

Domain Name

- Search of a Domain Name.
- Registration of Domain Name including preparing, filing and prosecution.
- Representation before the Cibertribunal.
- Domain Name Renewals.
- Integral Consultancy.

Health Registrations

- Health Registration for Foodstuffs.
- Health Registration for Pharmaceutical Products.
- Health Registration for Cosmetic Products.
- Physical-chemical and microbiological analysis.
- Compulsory Health Notification, only for Cosmetic Products of the Andean Community.
- Integral Consultancy.



Affiliations

  • International Trademark Association - INTA

Partners

Attorney's Picture Mr. Alain C. Delion
Law Firm Primary Contact
Corporate Law, Domain Names, Intellectual Property, Patents, Trade Secrets

Attorney's Picture Ms. Virginia Delion
Managing Partner
Intellectual Property



Lawyers

Attorney's Picture Mr. Marcos Férnandez-Dávila Zevallos
Lawyer
Intellectual Property, Patents, Trademark, Corporate Law

Attorney's Picture Cesar Kobashikawa
Lawyer
Corporate Law, Intellectual Property, Litigation, Tax

Luis Romero
Lawyer
Business and Industry, Civil Rights, Intellectual Property



Of Counsel

Leonardo Ancanna
Office Services Manager


Attorney's Picture Delcy Zambrano
Patent translation
Intellectual Property


More Information on Estudio Delion SRL

Peru Intellectual Property Law Firm
Trademark Lawyers in Peru
Peru Patents Law Firm
Domain Name Law Firm in Peru
Copyrights Lawyer in Peru
Peru Health Registrations Law Firm
Peru Business Formation Lawyer
Estudio Delion SRL Blog
Estudio Delion SRL News and Publications

Articles Published by Estudio Delion SRL

 A Battle with the Vatican - Peru

A case that captured the attention of many Peruvian university students was the prohibition of the words ‘pontifical’ and ‘Catholic’ in the name of the Pontifical Catholic University of Peru (PUCP) by the Vatican.

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 Confusion over Appellations of Origin - Peru

The concept issue in this case was a decisive factor for settling the difference between the appellations, and allowing them to coexist in the market.

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 Detaining Suspect Goods

Peruvian Industrial Property Legislation allows to the owner of trademarks to file an infringement procedure against the merchants who use the registered trademark in the market without any authorization.

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 Expenses and Costs in Infringement Procedures

Current law provides us with the possibility that resolutions approving the payment of expenses and costs become enforceable titles, and could be executed subsequently before the judicial channel by means of a relatively fast procedure.

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 Business in Peru

Peruvian corporations can be incorporated by a 100% of foreign shareholders. The most common corporations are the publicly-held corporation ("sociedad anónima abierta") and the closely held corporation ("sociedad anónima cerrada"). First at all, it is advisable to carry out a previous search before the Public Register of Companies.

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 Severe Sanctions in Trademark Cases: Corrective Measures - Peru

“Administrative sanctions, in contrast to criminal sanctions, are limited to fines, so it is vital that fines are large enough to deter infringing behavior.” The control exercised by the administration in relation to the improper use of registered trademarks is very important, because it is a key component in the regulation and inspection of the proper operation of the market.

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 What Constitutes "Use"? - Peru

“This makes it impossible to start counting the three years of non-use of the mark in order to request its cancellation, and therefore the trademark is effectively removed from the market.” This article considers the criteria used by the Peruvian trademark office to resolve cancellation for non-use of trademarks.

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 A Reality Check in Trademark Cases - Peru

We welcome the decision issued by the Peruvian Trademark Office (INDECOPI) that upheld the opposition against the registration of the trademark Billalcon Surfers and logo in Class 25 by Jose Almeida Contreras.

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 Proper Sanction to the Recurrent Offenders - Peru

Resolution 1181-TPI/Indecopi, issued on June 6, approved an $82,290 fine for a trademark infringer. This is considered to be a drastic yet justifiable sanction given the nature of the infringer’s illegal conduct.

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 Preventing Hidden Commercialization of GM Foods - Peru

A resolution stated that food prepared from transgenic products must contain this information on its label, whether or not there is proof that the products are harmful to health.

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 Trademark Right in Action - Peru

In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has already been shown. This can result in a jail sentence.

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 Peru - Proof of Use of Mixed and Figurative Marks

The Intellectual Property Court recently issued a welcome resolution stating that when products are not covered by a registered trademark, but are similar to goods explicitly mentioned in a certificate of registration, the goods have effectively been used and therefore the registration cannot be canceled.

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 The Judiciary in Action at Last - Peru

The Peruvian judiciary provided a pleasant surprise recently, with its view of an appeal against a Peruvian Patent and Trademark Office (INDECOPI) resolution rejecting a patent trademark opposition case.

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 What is Genuine Interest? - Peru

Article 147 of the Andean Regulation says that during opposition proceedings, the owner of or applicant for a trademark previously filed in any of the Andean community countries (Ecuador, Colombia, Bolivia and Peru) has the right to file an opposition against any similar or identical trademark applied for in another Andean country.

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 A Step Ahead in IP - Peru

It is also now possible to file electronic trademark applications, and while the payment of government fees can be made by a credit card, it is still necessary to list a domicile within the Peruvian Territory.

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 Border Measures against Counterfeits - Peru

From February 4th, 2009 the proceeding for making effective the border measures for the protection of trademarks registered and copyrights in Peru has been implemented.

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 The Hague Convention is Approved in Peru

Convention Abolishing the Requirement of Legalization for Foreign Public Documents

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 Peruvian IP Improvements

The Peruvian Trademark and Patent Office (INDECOPI) has introduced new regulations, which make it easier to protect intellectual property rights, as well as offering advantages to applicants

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 The Patent Cooperation Treaty - PCT Perks

On June 6, 2009, the Patent Cooperation Treaty (PCT) came into force in Peru.

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 Creation of the Peruvian Virtual Court

The Peruvian Cibertribunal is the body in charge of solving the lawsuits between trademarks and ccTLD.Pe domain names.

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 Impact of the Free Trade Agreement (FTA) on the Intellectual Property Rights in Peru

As a part of the implementation of the USA-Peru Free Trade Agreement, on June 28th, 2008, it was issued the Legislative Decree No. 1075.

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 Paris Convention Priority: Clash Between Real and Local Time

The Peruvian Trademark Office-INDECOPI carrying out a right interpretation on the industrial property regulations and mainly applying the common sense, granted priority right to a Japanese application filed on August 11, rather than a Peruvian application filed the same day.

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